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AfterRecording Remm To:
COUNTRYWIDE HOME LOANS, INC.
MS SV-79 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, CA 91410-0423
Prepped By:
MICHELLE SALAS
132
RECEIVED
LINCOLN COUNTY CLERK
0[~ .IIIN 1t4 P,~! b: 08
[£pace Above This Lhle For Recording Data]
FAl1538M
[Escrow/Closing J]
MORTGAGE
(Line of Credi0
THIS MORTGAGE, dated JUNE 9, 2 0 0 4 , is between
' NICHOLAS ERICKSON AND-CARISSA ERICKSON, HUSBAND AND WIFE
0005511241106004
JDoc ID J J
residing at
281 WESTVIEW DRIVE, AFTON, WY 83110
the person or persons signing as "Mo 'tgagor(s)" below and hereinafter referred to as "we" or "us" and
COUNTRYWIDE HOME LOANS, INC.
with an address at
4500 Park Granada, Calabasas, CA 91302-1613
and hereinafter referred to as "you" oz the "Mortgagee."
MORTGAGED PREMISES: In consideration of the loan hereinafter described, we hereby mortgage, grant
and convey to you the premises locat:~d'at:
281 WESTVIEW DRIVE
Street
AFTON
Municipality
WY 83110
State ZIP (the"Premises").
LINCOLN
Count)'
and further described as:
SEE EXHIBIT "A" ATTACHED ~ERETO AND MADE A PART HEREOF.
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DOC ID #: 0005511241106004
The Premises includes all buildings and other improvements now or in the future on the Premises and all rights
and interests which derive from our ownership, use or possession of the Premises and all appurtenances thereto.
LOAN: The Mortgage will secure' your loan in the principal amount of $ ~14,000.00
thereof as may be advanced and re4dvanced from time to time to
NICKOLAS ERICKSON
or so much
, and
the Borrower(s) under the Home Equity Credit Line Agreement and Disclosure Statement (the "Note") dated
JUNE 9, 2 0 0 ~t , plus interest and costs, late charges and all othercharges related to the loan,
all of which sums are repayable acc6rding to the Note. This Mortgage will also secure the performance of all of
the promises and agreements mad~ by us and each Borrower and Co-Signer in the Note, all of our promises and
agreements in this Mortgage, any extensions, renewals, amendments, supplements and other modifications of the
Note, and any amounts advanced 3y,you under the temps of the section of this Mortgage entitled "Our Authority
To You." Loans under the Note may 'be made, repaid and remade from time to time in accordance with the terms
of the Note and subject to the Crecit Limit set forth in the Note.
OV~rNERSHIP: We are the sole owner(s) of the Premises. We have the legal right to mortgage the Premises to you.
BORROWER'S IMPORTANT OY,LIGATIONS:
(a) TAXES: We will pay a!l real estate taxes, assessments, water charges and sewer rants relating to the
Premises when they become due. We will not claim any credit on, or make deduction from, the loan under the
Note because we pay these taxes aad charges We will provide you with proof of payment upon request.
(b) MAINTENANCE: We wil~ maintain the building(s) on the Premises in good condition We will not
make major changes in the buildir g(s) except for normal repairs. We will not tear down any of the building(s) on
the Premises without first getting .your consent. We will not use the Premises illegally. If this Mortgage is on a
unit in a condominium or a planned unit development, we shall perform all of our obligations under the
declaration or covenants creating or governing the condominium or planned unit development, the by-laws and
regulations of the condominium oL planned unit development and constituent documents.
(c) INSURANCE: We will .keep the building(s) on the Premises insured at all times against loss by tim,
flood and any other hazards you may specify. We may choose the insurance company, but our choice is subject to
your reasonable approval. The policies must be for at least the amounts and the time periods that you specify. We
will deliver to you upon your request the policies or other proof of the insurance. The policies must name you as
"mortgagee" and "loss-payee" so that you will receive payment on all insurance claims, to the extent of your
interest under this Mortgage, befcre we.do. The insurance policies must also provide that you be given not less
than 10 days prior written notice ;)f any cancellation or reduction in coverage, for any reason. Upon request, we
shall deliver the policies, certifica!es or other evidence of insurance to you. In the event of loss or damage to the
Premises, we will immediately nolify you in writing and file a proof of loss with the insurer. You may file a proof
of loss on our behalf if we fail or refuse to do so. You may also sign our name to any check, draft or other order
for the payment of insurance proceeds in the event of loss or damage to the Premises. If you receive payment of a
claim, you will have the right to choose to use the money either to repair the Premises or to reduce the ammmt
owing on the Note.
(d) CONDEMNATION: We assign to you the proceeds of any award or claim for damages, direct or
consequential, in connection with any Condemnation or other taking of the Premises, or part thereof, or for
conveyance in lieu of condemnation, all of which shall be paid to you, subject to the terms of any Prior Mortgage.
(e) SECURITY INTEREST We will join with you in signing and filing documents and, at our expense, in
doing whatever you believe is nec:ssm:y to perfect and continue the perfection of your lien and security interest in
the Premises.
(f) OUR AUTHORITY TO YOU: If we fail to perform our obligations under this Mortgage, you may, if
you choose, perform our obligations and pay such costs and expenses. You will add the amounts you advance to
the sums owing on the Note, on ,vhich you will charge interest at the interest rate set forth in the Note. If, for
example, we fail to honor our promises to maintain insurance in effect, or to pay filing fees, taxes or the costs
necessary to keep the Premises in good condition and repair or to perform any of our other agreements with you,
you may, if you choose, advance .any sums to satisfy any of our agreements with you and charge us interest on
such advances at the interest rate ~;et forth in the Note. This Mortgage secures all such advances. Your payments
on our behalf will not cure our failure to perform our promises in this Mortgage. Any replacement insurance that
you obtain to cover loss or damages to the Premises may be limited to the amount owing on the Note plus the
amount of any Prior Mortgages.
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DOC ID #: 0005511241106004
(g) PRIOR MORTGAGE: If.tl:~e provisions of this paragraph are completed, this Mortgage is subject and
subordinate to a prior mortgage date.d :~ ,'md given by us to
FIRST NATIONAL BANK i ~
as mortgagee, in the original amour t ,of $ 0.0 0 (the "Prior Mortgage"). We shall not
increase, amend or modify the Pricr ~Mortgage without your prior written consent and shall upon receipt of any
written notice from the holder of the Prior Mortgage promptly deliver a copy of such notice to you. We shall pay
and perform all of our obligations under the Prior Mortgage as and when required under the Prior Mortgage.
(h) HAZARDOUS SUBSTAJqCES: We shall not cause or pernfit the presence, use, disposal, storage, or
release of any Hazardous Substancds On or in the Premises. We shall not do, nor allow anyone else to do, anything
affecting the Premises that is in vio~aiion of any Environmental Law. The preceding two sentences shall not apply
to the presence, use, or storage on. the Premises of small quantities of Hazardous Substances that are generally
recognized to be appropriate to normal residential uses and to maintenance of the Premises. As used in this
paragraph, "Hazardous SubstanceS" are those substances defined as toxic or hazardous substances by
Environmental Law and the folldwing substances: gasoline, kerosene, other flammable or toxic petroleum
products, toxic pesticides 'and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and
radioactive materials. As used in ~t~is paragraph, "Environmental Law" means federal laws and laws of the
jurisdiction where the Premises are ~iocated that relate to health, safety or environmental protection.
(i) SALE OF PREMISES: We will not sell, transfer ownership of, mortgage or otherwise dispose of our
interest in the Premises, in whole c¥ ~n part, or permit any other lien or claim against the Premises without your
prior written consent.
(j) INSPECTION: We will permit you to inspect the Premises al any reasonable time.
NO LOSS OF RIGHTS: The Note and this Mortgage may be negotiated or assigned by you without releasing us or
the Premises. You may add or release any person or property obligated under the Note and this Mortgage without
losing your rights in the Premises.
DEFAULT: Except as may be prohibited by applicable law, and subject to any advance notice and cure period if
required by applicable law, if any event or condition described in Paragraph 12.A. of the Note occurs, you may
foreclose upon this Mortgage. This means that you may arrange for the Premises to be sold by advertisement and
sale or by judicial foreclosure, at your option, as provided by law, in order to pay off what we owe on the Note and
under this Mortgage. If the money you receive from the sale is not enough to pay off what we owe you, we will
still owe you the difference which you may seek to collect from us in accordance with applicable law. In addition,
you may, in accordance with applictble law, (i) enter on and take possession of the Premises; (ii) collect the rental
payments, including over-due rental* payments, directly from tenants after simply notifying them first class mail to
make rental payments to you; (iii) manage the Premises; and (iv) sign, cancel and change leases. We agree that the
interest rate set forth in the Note w: 11 continue before and after a default, entry of a judgment and foreclosure. In
addition, you shall be entitled to collect all reasonable fees and costs actually incurred by you in proceeding to
foreclosure, including, but not limiled to, reasonable attorneys fees and costs of documentary evidence, abstracts
and title reports.
ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER: As additional securitT, we assign to you the rents
of the Premises. You or a receiver ippointed by the courts shall be entitled to enter upon, take possession of and
manage the Premises and collect th~'; rents of the Premises including those past due after simply notifying them by
first class mail to make rental payments to you.
WAIVERS: To the extent permitted by applicable law, we waive and release any error or defects in proceedings to
enforce this Mortgage and hereby waive the benefit of any present or future laws providing for stay of execution,
extension of time, exemption from ~.~ttachment, levy and sale and homestead exemption.
BINDING EFFECT: Each of us shall be fully responsible for all of the promises and agreements in this Mortgage.
Until the Note has been paid in £ul~ and your obligation to make further advances under the Note has been
terminated, the provisions of this Mortgage will be binding on us, our legal representatives, our heirs and all future
owners of the Premises. This Mortgage is for your benefit and for the benefit of anyone to whom you may assign
it. Upon payment in full of all arao~nts owing to you under the Note and this Mortgage, and provided any
obligation to make further advance,,', under the Note has terminated, this Mortgage and your rights in the Premises
shall end.
HI=LOC - WY Mortgage
2C620-W¥ (02J03}
DOC ID #: 00,05511241106004
NOTICE: Except for any notice required under applicable law to be given in another manner, (a) any notice to us
provided for in this Mortgage shal, be given by delivering it or by mailing such notice by regular first class mail
addressed to us at the last address appearing in your records or 'at such other address as we may designate by
notice to you as provided herein: and (b) any notice to you shall be given by certified mail. retom receipt
requested, to your address at
COUNTRYWIDE HOME LOANS,. INC.
4500 Park Granada, Calabasas, CA 91302-1613
or to such other address as you m,sy designate by notice to us. Any notice provided for in this Mortgage shall be
deemed to have been given to us o~ you when given in the manner designated herein.
RELEASE: Upon payment of all ;;urns secured by this Mortgage and provided your obligation to make further
advances under the Note has terminated, you shall discharge this Mortgage without charge to us, except that we
shall pay any fees for recording of .~ satisfaction of this Mortgage.
GENERAL: You can waive or del ~y.enforcing any of your rights under this Mortgage without losing them. Any
waiver by you of any provisions o; this Mortgage will not be a waiver of that or any other provision on any other
occasion.
THIS MORTGAGE has been signed by each of us under seal on the date first above written.
~TNESS'
Mortgagor:
(SEAL)
(SEAL)
Mortgagor:
(SEAL)
Mortgagor:
(SEAL)
STATE OF WYOMING,
LINCOLN County ss:
The foregoing instmment was acknowledged before me this 9th day of June, 2004
(date)
by Nicholas Ertckson and Car±ssa Erickson
My CommissionExpires: February 2, 2006 cJ H.~f4~d~-~~
Notary Public ]
~Etl. k:Y ro.,,tmJ...NOT, am, PuSU¢
· HELOC- WY Mortgage
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Prepared by: MICHELLE SALAS
09001L 2
' 739
COUNTRYWIDE HOME LOANS, INC.
DATE: 06/09/2004
CASE #:
DOC ID #: 00055112z_ 1106004
BORROWER: NICHOLAS ERICKSON
Branch #: 0000567
3806 DELL RANGE BLVD. UNIT B-9
CHEYENNE, WY 82009
Phone: (307)632-0194
Br Fax No.: (307)632-1874
PROPERTY ADDRESS: 28] WESTVIEW DRIVE
AF%iON, WY 83110
LEGAL DESCRIPTION EXHIBIT A
Parn of Section 6, T31N Rll8W of the 6th P.M., Lincoln County,
Wyomin9 being more particularly described as follows:
BEGINNING at a point which is N 89o35, E, 1910.56 feen from
the Southwest 'Corner of said Section 6 and running thence
N 0o25, W, 330.0 feet;
thence N 89o35, E, 132.0 feet;
thence S 0o25' E, 330.0 feet;
thence S 89o35, W, 132.0 feet to the Point of Beginning.
FHNVNCONV
Legal Description Exhlbl! A
2C404-XX (04/03)(d)
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